$1.15 Million Settlement Reached in Failure to Prevent Third Party’s Access to Secure Unit

Ms. Doe, 87, lived in the dementia unit of the nursing home. Roe, a person with no ties to the nursing home, frequently visited the facility and socialized with its residents.

One day, a nursing assistant came to Ms. Doe’s room and found Roe in bed with her. Ms. Doe was disrobed at the time.  Ms. Doe was taken to a local hospital where an examination revealed she had been sexually assaulted. Ms. Doe now suffers from PTSD, fear of men, sexualized behavior and hallucinations.

Ms. Doe sued the nursing home, its corporate owner, the facility’s administrator, and others, alleging negligence.

Ms. Doe asserted that the defendants had wrongfully allowed a third-party free access to a secured dementia facility, provided access codes to visitors, and chose not to require visitors to sign in when entering.

The parties settled before trial for $1.15 million.

The attorney successfully handling this case for Ms. Doe was Paul L. Tetzel.

Doe v. Roe Nursing Home, (Mass. Confidential Docket).

Kreisman Law Offices has been handling nursing home negligence lawsuits, nursing home abuse cases, wrongful death cases, nursing home assault lawsuits, nursing home bed sore cases and long term facility negligence cases for individuals, families and loved ones who have been harmed, injured or died as a result of the carelessness or negligence of a medical provider for more than 40 years in and around Chicago, Cook County and its surrounding areas, including Bensenville, Mount Prospect, Rolling Meadows, Highland Park, Lake Bluff, Waukegan, Grayslake, Round Lake Beach, Lindenhurst, Libertyville, Mundelein, Vernon Hills, Lake Zurich, Long Grove, Barrington Hills, South Barrington, Elgin, West Dundee, Schaumburg, Elk Grove Village, Oak Brook, Downers Grove, Lockport, Homer Glen, Orland Hills, Matteson, University Park, Crete, Beecher, New Lenox, Chicago (Englewood, South Shore, South Chicago, South Side, Hegewisch, Beverly, Roscoe Village, Washington Park, Jackson Park, Douglas, Bridgeport, Near West Side, Little Italy, Chinatown, Wicker Park, Irving Park, Uptown, Andersonville, Lakeview, Sauganash, North Park, River West, Ukrainian Village, Homan Square, Garfield Park, Little Village, Brighton Square, Back of the Yards, Lithuanian Plaza, Beverly View, Washington Heights, Hometown, Evergreen Park, Oak Lawn, Chicago Ridge, Hickory Hills, Palos Hills, Alsip, Calumet Park, South Holland, Lemont, Bolingbrook, Western Springs, Villa Park, Glendale Heights, Winfield, and Arlington Heights, Ill.

Robert D. Kreisman has been an active member of the Illinois and Missouri bars since 1976.

Related blog posts:

State Supreme Court Holds State Owed No Legal Duty to Nursing Home Resident Alleged to Have Been Sexually Assaulted

Elder Abuse in U.S. Increases with the Size of the Older Population

$2.01 Million Jury Verdict for 85-Year-Old Woman Who Was Sexually Assaulted in a Nursing Home